GunsObama to end background-checks exemptions of gun shows, online gun sales

Published 5 January 2016

President Barack Obama will today announce a series of executive actions aiming to close loopholes in the current system of background checks of gun buyers. The executive actions say it will focus on tightening the definition of those “engaged in the business” of selling weapons. Such tightening would deny online vendors and gun shows – where about 40 percent of all gun are purchased — exemptions from conducting background checks for gun buyers. Criminals and mentally ill people can now purchase guns through gun sellers who exploit the “engaged in business” loophole which was originally designed for hobbyists and personal sales.

Obama seeks an end to no-check gun shows // Source: commons.wikimedia.org

President Barack Obama will today announce a series of executive actions aiming to close loopholes in the current system of background checks of gun buyers. After meeting with Attorney General Loretta Lynch on Monday, the president said the measures would save lives and spare families from mass shootings. “We have to be very clear that this is not going to solve every violent crime in this country or prevent every mass shooting and is not going to keep every gun out of the hand of a criminal,” Obama said. “It will potentially save lives and spare families the pain and the extraordinary loss that they have suffered as a consequence of firearms getting into the hand of the wrong people,” he added.

The Telegraph reports that White House and Justice legal experts who worked on the executive actions say it will focus on tightening the definition of those “engaged in the business” of selling weapons. Such tightening would deny online vendors and gun shows – where about 40 percent of all gun are purchased — exemptions from conducting background checks for gun buyers.

Republicans were quick to criticize the plan for the executive action.

“While we don’t yet know the details of the plan, the president is at minimum subverting the legislative branch, and potentially overturning its will,” said House speaker Paul Ryan (D-Wisconsin) in a statement.

“His proposals to restrict gun rights were debated by the United States Senate, and they were rejected. No president should be able to reverse legislative failure by executive fiat, not even incrementally … This is a dangerous level of executive overreach, and the country will not stand for it.”

White House spokesman Josh Earnest on Monday said that the administration’s legal experts are confident the measures would withstand legal challenge.

“I feel confident in telling you now that what the president does announce will be the kinds of actions in which we have confidence that they are within the legal ability of the United States to carry out these actions,” he told reporters.

“There are more than 30,000 Americans who die every year as a result of a gun. And we’re not going to be able to pass a law or take an executive action that would prevent every single incident of gun violence, but if there’s something that we can do that would prevent even one, why wouldn’t we do it?” added Earnest.

The Telegraph notes that administration officials hope that clarifying the “engaged in the business” language in existing background check legislation will be a major step toward preventing criminals and mentally ill people from purchasing guns through gun sellers who exploit the “engaged in business” loophole which was originally designed for hobbyists and personal sales.

“Although it is my strong belief that for us to get our complete arm around the issues, Congress needs to act, what I asked my team to do is to see what more we could do to strengthen our enforcement and prevent guns from falling into the wrong hands,” said Obama. “To make sure that criminals, people who are mentally unstable, those who could pose a danger to themselves or others are less likely to be able to get a gun.”

The president said the measures, which would also involve attempts to arrest those who lie about failing a background check when trying to buy weapons, would have the support of the majority of law-abiding gun owners.

“I have just received back a report from attorney Lynch [and others] about some of the ideas and initiatives that they claim will make a difference,” he said. “The good news is that these are not only recommendations that are well within my legal authority and executive branch, but they are also ones that the overwhelming majority of American people — including gun owners — support.

“We have been very careful in recognizing that we have strong tradition of gun ownership in this country and that even those who possess firearms for hunting, for self-protection and other legitimate reasons, want to make sure that they don’t get into the wrong hands,” added Obama.